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(영문) 창원지방법원 2019.05.31 2019고단1122

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 6, 2014, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a fine of KRW 6 million for a violation of the Road Traffic Act (driving). On August 16, 2016, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a fine of KRW 4 million for a violation of the Road Traffic Act (driving).

On April 22, 2019, at around 23:35, the Defendant driven a F Laren car in the state of alcohol alcohol concentration of about 0.123% in the 3km section from the front road in Kimhae-si B to the front road in the same city D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the defendant committed a second offense without being aware that he/she had been punished twice due to drunk driving.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

In fact, there was no actual accident.

The previous department was sentenced to a fine prior to the whole years.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.